Sentencing in Canada is beset by many problems, yet one weakness stands above the rest: the disproportionately high rates of Aboriginal incarceration. This article documents current and historical trends in levels of Aboriginal incarceration at the provincial/territorial and federal levels since 1978. We pay particular attention to the years following two important Supreme Court judgements (in 1999 and 2012) that directed the courts to use custody with greater restraint when sentencing an Aboriginal offender. The primary data derive from the annual Adult Correctional Services survey conducted by Statistics Canada. In 2014, Aboriginal persons accounted for just over one quarter of all provincial and territorial admissions, significantly higher than the percentage recorded in 1978 (16%). In fact, over the past 20 years, all jurisdictions save one have experienced an increase in the percentage of Aboriginal admissions to provincial and territorial correctional institutions. Despite judgements from the Supreme Court and provincial courts of appeal, as well as several other remedial interventions, such as the creation of so-called Gladue courts and an alternate form of custody that would be served in the community, the problem of Aboriginal over-incarceration has worsened, not improved.

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